Special Education Listserv
Subject: Revocation of Consent/Sample Notice of Action for Parental Revocation of Consent for Special Education and Related Services
Source: Jackie Bruner, Director, Compliance
Intended Audience: Superintendents, Administrators, Special Education Administrators, Special Education Instructors
Date: April 16, 2009
As you know, recently federal regulations implementing the Individuals with Disabilities Education Act (IDEA) (34 CFR 300.300(b)(4)) were revised to allow for parental revocation of consent for the continued provision of special education and related services; this revocation must be in writing. Additionally, in response, a responsible public agency must provide the parent with prior written notice before discontinuing services.
We have prepared a sample Notice of Action for districts to use when parents revoke consent for special education and related services. It is located at: http://dese.mo.gov/divspeced/Compliance/ click on Forms (left side of page).
The sample Notice of Action form includes information to the parent concerning the surrendering of procedural safeguards when parents revoke consent for services.
There is no requirement that a special form be used when parents provide their revocation of consent for special education and related services, only that it must be in writing. After receiving the written request, the district should attach a copy of the parents' request to the Notice of Action provided to the parents and place the parents' original request in the child's records.
If you have any questions regarding this, please contact one of our supervisors in the Compliance Section at 573-751-0699.